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(영문) 부산지방법원 2016.11.03 2015나48211

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Where a lease contract is terminated under Article 5 (Termination of Contracts), the lessee shall restore the said real estate to its original state and return it to the lessor;

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall restrain it and refund the balance thereof.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In addition, the contracting party may claim damages from the other party due to the cancellation of the contract.

(1) The special agreement provides that the lessor installs taps, shower rooms, and toilets in the office.

(2) A lessor shall be responsible for the bottom packing after completion of construction works.

(3) In the event of water leakage, a lessor shall perform flood control works.

(4) A lessor shall be deemed to have set up entrances, etc. at the time of electrical construction.

(5) After the termination of the contract, a lessee shall restore the object to its original state and return it to the lessor.

On June 5, 2014, the Plaintiff: (a) leased the lease deposit of KRW 15 million from the Defendant, KRW 15 million monthly rent, and KRW 15 million from June 30, 2014 to June 30, 2016, the lease term of KRW 15 million; and (b) the lease term of KRW 15 million from June 30, 2014 to June 30, 2016 (hereinafter referred to as “instant lease contract”); and (c) the main contents thereof are as follows.

B. Under the instant lease agreement, the Defendant delivered the instant real estate to the Plaintiff on or around June 2014, and the Plaintiff paid KRW 15 million to the Defendant on June 5, 2014, including the sum of KRW 1 million on June 5, 2014, KRW 8 million on June 25, 2014, and KRW 6 million on July 1, 2014, as the lease deposit, and KRW 1.5 million on or around June 2014.

C. By June 30, 2014, the defendant does not exceed the above special agreement.